Com. v. Rowe, R. (memorandum)
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J-A11039-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. ROBERT C. ROWE, Appellant No. 1071 MDA 2012 Appeal from the Order of May 10, 2012, in the Court of Common Pleas of Lebanon County, Criminal Division at Nos. CP-38-CR-0000187-1989 and CP-38-CR-0000783-1989 BEFORE: FORD ELLIOTT, P.J.E., WECHT and COLVILLE*, JJ. MEMORANDUM BY COLVILLE, J.: FILED MAY 14, 2013 This is a pro se appeal from the order dismissing Appellant s Motion to Review the Legality of Restitution Orders. We dismiss the appeal. Pennsylvania Rule of Appellate Procedure 2101 dictates that appellate briefs must conform, in all material respects, to the requirements of the Rules of Appellate Procedure. Pa.R.A.P. 2101. This rule also states that if the defects are in the brief or reproduced record of the appellant and are substantial, the appeal or other matter may be quashed or dismissed. Id. Appellant s pro se appellate brief does not conform to the Rules of Appellate Procedure in any meaningful way. It fails to meet the requirements of Pa.R.A.P. 2111(a)(1), (a)(2), (a)(3), (a)(6), (a)(9), (a)(10) and (a)(11). _________________ *Retired Senior Judge assigned to the Superior Court. J-A11039-13 The argument section violates Pa.R.A.P. 2119(a), (c), and (e). We further note that although a prior panel of this Court reviewing the same order remanded this case for a hearing,1 no transcript of that hearing is included in the certified record; the record also lacks any indication that Appellant requested transcription of the hearing. See Commonwealth v. Preston, 904 A.2d 1, 7 (Pa. Super. 2006) ( Our law is unequivocal that the responsibility rests upon the appellant to ensure that the record certified on appeal is complete in the sense that it contains all of the materials necessary for the reviewing court to perform its duty. ) Due to the state of the record and the substantial defects in Appellant s brief, we exercise our discretion to dismiss the appeal. Appeal dismissed. Judgment Entered. Interim Deputy Prothonotary Date: 5/14/2013 ____________________________________________ 1 Commonwealth v. Rowe, 31 A.3d 750 (Pa. Super. 2011) (unpublished memorandum). -2-
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